Amendments 2,5,8, Privacy, and Due Process Flashcards
A person cannot be tried twice for the same crime
Double Jeopardy
Another term for death penalty
Capital Punishment
Allows citizens right to remain silent
5th amendment/Miranda Right
The government has the power to take private property at fair market value
Eminent Domain
Courts look at whether a law/action infringes on a basic right
Substantive Due Process
Fair procedures; they do not guarentee the outcome
Procedural Due Process
A group who determine if a crime was committed
Grand Jury
Fair Procedures
Due Process
Difference between gun control and gun rights
Gun Control: Restricting Guns
Gun Rights: Restrictions on guns are an infringement on 2nd amendment
Goss v. Lopez ruling
Students suspended 10 days or less must be given
1) an oral/written note of the charges
2) explanation of the charges
3) opprotunity to present thier side
Furman v. Georgia
Death penatly determined unconstitutional
Roper v. Simmons
Death penalty ruled the unconstitutional for juveniles
Griswold v. Connecticut
Ruled we have the right to privacy and established the zones of privacy
Rights guaranteed through 2nd amendment
Right to bear arms and Brady Hangun Violence Prevention Act
Rights guaranteed through 5th amendment
No self-incrimination, no double jeopardy, eminent domain, due process, grand juries
Rights guaranteed through 8th amendment
No excessive bails and fines, no cruel and unusual punishment
Three factors of due process
1) The seriousness of harm to the citizen
2) The cost to the government (in both time and money) to carry out th eprocedures
3) The risk of error without the procedures
Family Educational RIghts and Privacy Act (FERPA)
1) Gives parents the right to inspect their childrens records
2) Prohibits the release of school records without written permission of parents
Designed to provide privacy standards to protect patients’ medical records and other health information provided to health plans, doctors, hospitals, and other health care providers
HIPPA
Gives federal officers greater authority to track and intercept communication, both for law enforcement and foreign intelligence gathering purposes
Allows Secretary of Treasury to track large finacial transactions between citizrns
Financial Institutions requires to report certain transactions to the federal government
USA Patriot Act
Establishes a policy for the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies
Privacy Act
